UNITED STATES v. RAMSEY

No. 82-1120.

726 F.2d 601 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Cecil Leon RAMSEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 21, 1984.


Attorney(s) appearing for the Case

James E. Edmondson, Muskogee, Okl., for defendant-appellant.

Gary L. Richardson, U.S. Atty., Muskogee, Mich. (Mark F. Green, Asst. U.S. Atty., Muskogee, Okl., with him on brief), for plaintiff-appellee.

Before BARRETT, McKAY and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

Defendant Cecil Leon Ramsey appeals his conviction for conspiring to damage and destroy a building by means of an explosive, a violation of 18 U.S.C. § 371, and for destroying the building, a violation of 18 U.S.C. §§ 844(i) and 2.

The issues on appeal are (1) whether, under the circumstances of this case, gasoline constitutes an explosive within the meaning of 18 U.S.C. § 844(j); (2) whether the district court inadequately...

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